3.Homicide Relates Offences Flashcards
(33 cards)
What is the section for INFANTICIDE, and what is its meaning?
Section 178
- Mother causes death to her child under 10 years
- by means of culpable homicide
- and where at time of the offence
- balance of her mind was disturbed
- by reason of HER not having fully recovered from the effect of giving birth to that any other CHILD
- OR by reason of the effect of lactation
- OR by reason of any disorder consequent upon childbirth OR lactation
- to such extent that she should be held fully responsible, she is guilty of INFANTICIDE and not of murder or manslaughter and is liable to imprisonment of 3 years.
Who decides on the “state of mind of the mother”?
The jury decides on the state of mind of the mother in order to convict for infanticide.
What should be proven when the charge of infanticide?
- that the manner in which the child was killed would amount to culpable homicide.
- state of mind of mother was disturbed as an effect of not having recovered fully from child birth OR reason of lactation
What is your understanding of LEGAL DUTIES imposed by statute and common law?
In particular, many of these are set out in section 151 to 157. A failure to discharge these duties makes the person liable to penalties, providing level negligence required by section 150A.
“NECESSARIES” what sections cover the provision concerning necessaries, and what does it entail?
Section 151, 152,153 cover the Necessaries to sustain and protect from injury. A failure to meet this legal duty can amount to homicide.
What does section 151 detail?
- Who has actual care of an adult person who is VULNERABLE and who is unable to provide himself with necessaries is under a legal DUTY
a) provide that person with necessaries AND
b) to take reasonable steps to protect that person from
injury.
What does section 152 detail?
Duty of a parent or guardian.
A parent or a person in place of a parent, who has actual care or charge of a child under the age of 18 years is under legal duty -
a) to provide that child with the necessaries AND
b) to take reasonable steps to protect that child from INJURY
What is detailed under section 153?
IT relates to duty of employers to provide necessaries.
- Employer who is contracted to provide necessary
FOOD, CLOTHING or LODGING for any servant or
apprentice under the age of 16 years - IS under legal duty to provide the same AND
- IS criminally responsible for OMITTING without lawful
excuse to perform such duty - if the DEATH of that servant or apprentice is CAUSED,
- OR if his life is endangered or HIS health permanently
INJURED, by such omission.
Define vulnerable adult?
A person unable, by reason of detention, age,sickness,mental impairment OR by any other cause, to withdraw himself or herself from care OR charge of another person.
Vulnerability may be short lived or temporary. It is an objective determination and should not be left up to that person’s subjective perception.
Necessaries - what is the meaning now?
It is some what broader than the necessaries of life as previously defined under previous section 151(1).
What is duty to protect from injury?
It is to take reasonable steps to to protect a vulnerable adult or child from injury. The injury encompasses other from of injury that may result from non human sources and human activities.
What section covers abandoning of a child under 6 years?
What does is state?
Section 154
Everyone liable for imprisonment of 7 years WHO
UNLAWFULLY abandons or exposes any child under 6 years.
Section 150A does not apply to this section
Dangerous Acts and Things what sections cover this?
Section 155 and 156
What does 155 entail?
Doing Dangerous Acts
- Who UNDERTAKES
- to ADMINISTER SURGICAL OR MEDICAL treatment OR
- does any Act WHICH
- may be dangerous to life
- IS under legal duty to have and use
- reasonable KNOWLEDGE and SKILLS and CARE in
- DOING any such ACT
- is criminally responsible for the CONSEQUENCES of omitting without lawful excuse to discharge that DUTY.
What does section 156 entail?
This involves doing dangerous things.
- Who has charge or under his control anything, whether ANIMATE OR INANIMATE
- Or who ERECTS, MAKES, OPERATES or maintains anything whatever,
- WHICH in the ABSENCE of precaution or care may endanger HUMAN life
- is under a legal duty to take REASONABLE PRECAUTION against
- AND to use reasonable care to
- AVOID such danger
- And is criminally responsible for the consequences of omitting without lawful excuse to discharge that DUTY
Omissions that endanger life, what section covers it?
Section 157
- Who undertakes to do any act the omission to do which is OR
- may be DANGEROUS to life
- is under legal duty to do that act, AND is criminally responsible for the CONSEQUENCES of omitting
- without lawful excuse to discharge that duty.
Encouraging Death what section covers this?
And what does it say?
Section 163
- NO one is criminally Responsible for killing someone by INFLUENCING their mind alone,
- EXCEPT by wilfully frightening a child under 16 or a sick person
- NOR for the killing of another by any disorder or disease
- Arising from such influence,
- EXCEPT by wilfully frightening any SUCH
- CHILD as aforesaid or sick person
Acceleration of death, what section covers this?
Section 164
- A person who ACTS or OMISSION causes death of another
- Although the EFFECT of bodily injury was to HASTEN death while laboring under some other disorder or disease from another cause.
CAUSING DEATH
What sections cover this by not preventing or injuring someone?
What do these sections entail?
Sections 165 and 166
165 is Causing death that might have been preventable
- Act or omission causes death
- Although it may have been prevented by resorting to proper means
166 Causing injury the treatment of which causes death.
- Causes any bodily injury from the dangerous nature from which death results,
- Kills that person, although the immediate cause of death be treatment, PROPER or IMPROTER applied in good faith.
What is an example of s165? and what caselaw relates?
Example is found in R v Blaue (Jehovah’s Witness being stabbed - not upto the nurse to refuse treatment if measures could have been taken)
R v Blaue
Those who use violence must take their victims as they find them.
In relation to section 166 when does a person become criminally responsible for a death?
When a person causes injury to the person kill then they get treatment done properly or improper but in good faith, that person who caused the injury is responsible for the consequences.
Does withdrawal from life support a treatment?
Life support does not mean treatment, in R v Tarei it was held that life support being turned off does not come under section 166, it is not the cause of death but an intervention that could possibly extent life.
What does section 179 and 180 deal with?
179 is Aiding and abetting suicide
180 is Suicide Pact
What does 179 entail?
Liable to 14 years imprisonment
a) who incites,counsels and procures any person to commit suicide, if that person commits or attempts to commit suicide in consequence thereof OR
b) Aids or Abets any person in the commission of SUICIDE.
